Maths - Com. P.Suresh

 1000 TIT BITS ON DISCIPLINE -193
THE INQUIRING AUTHORITY

818. Departmental inquiry officers to be relieved from their normal duties for a period up to twenty days to attend to inquiry on full time basis
The Government of India have issued instructions that wherever a Departmental Officer is appointed as the Inquiry Officer in Departmental Proceedings, the officer concerned shall be relieved from his normal duties for a period up to 20 days in two spells during which he should complete the inquiry and submit the report. During the period so allowed, he will attend to the inquiry on full-time basis
[DOP&TO.M. No. 142/5/2003-AVD.I, dated 6.4.2004).

819. Who may be appointed as Inquiry Officer?
The first and foremost condition is that the person appointed as inquiry officer must be impartial and free from bias. There should be no likelihood of bias at all. Once this basic condition is satisfied, it is immaterial that the officer appointed to hold inquiry happens to be subordinate of the disciplinary authority or immediate - superior of the charged officer. Again, whether such an officer is a Gazetted officer or not is also not a relevant consideration.
As a rule, the person appointed as an inquiry officer must be able to inspire confidence which is possible only if the persons with sufficiently higher rank and known for their impartiality and integrity are appointed as inquiring officers 
(GI MHA O.M. No. F.6/26/60-Estt. (A), dated the 16.2.1961; DOP O.M. No. 7/1770 Ests.(A), dated 6.1.1971).

820. Inquiry officer should be higher in rank than charged employee 
As to the question whether the officer appointed as inquiry officer must be superior in rank to the charged officer, the Supreme Court has observed that he should be [Pankajesh v. Tulsi Gramin Bank, (1997)7 SCC 68). But, in this case though this condition was not satisfied the Court did not quash the inquiry as no prejudice had been shown to be caused.

821. The complainant cannot be appointed as an inquiry officer
The Supreme Court has held that the complainant cannot be a member of the inquiry committee. The reason is obvious (Rattan Lal Sharma v. Managing Committee, (1993)4 SCC 10]. The Government of India have also issued executive instructions that the person on whose instance the inquiry was initiated should not be appointed as inquiry officer (MHA O.M. No. F.6/26/60-Estt(A), dated 16.2.1961].